Disability and Workers' Compensation

When you cannot work as a result of a workplace injury, it is essential you can receive financial support to cover the costs of your medical care and general living expenses. If your injury occurred at work, workers' compensation and disability benefits are available to assist you with these expenses. However, sometimes, employers do not make it easy for their employees to obtain the benefits they are entitled to. Orange County disability and workers' compensation lawyers at the Serendib Law Firm help employees who have been injured at their jobs with claims to ensure their rights to compensation are not being violated. Our firm assists clients in determining what type of disability benefits they are eligible for as well as if you are being provided the benefits you are due. If you have questions about your workers' compensation policy and disability benefits after sustaining a work-related injury, don't hesitate to get in touch with our team at the Serendib Law Firm to find out more about your legal options.

Suffering a significant injury at work means there will be, at the very least, temporary limitations to your ability to do your job. Under California law, workers' compensation disability benefits are classified as either temporary or permanent. The type of benefits an employee is entitled to will depend on the severity of an injury and the level in which those injuries affect an employee's ability to do the job as they once had. The primary treating doctor is usually the one to make this evaluation. It is important to consult a knowledgeable disability attorney in Orange County before accepting benefits if there are questions from your employer regarding an evaluation or if you feel as if a second opinion is necessary.

Temporary disability payments in workers' compensation claims are determined by whether a disability is partial or total. Temporary Total Disability (TTD) refers to an injury that renders an employee unable to return to work, even if the job was modified. Temporary Partial Disability (TPD) refers to when an employee can do some of their job functions or work reduced hours due to their injury. Temporary disability rates are usually two-thirds of an employee's average weekly wages at the time the injury occurred. Once a physician determines the injured worker has reached maximum medical improvement (MMI) status, temporary disability payments will be terminated. Temporary disability is limited to 104 weeks within a five-year period from the date of injury.

Once a doctor has determined that recovery for an injury has reached a plateau and that even with further medical treatment, the injury is unlikely to get better within the next year, an employee can be eligible for permanent disability (PD) benefits. To qualify for PD benefits, you must file a workers' compensation claim before the deadline has passed. Contacting a seasoned Orange County workers' compensation attorney is vital to ensuring you do not miss such important dates and timelines for your claim.

Permanent disability is categorized in the way as temporary disability, either total or partial. The amount to be paid in benefits is also calculated based on the percentage of your disability, determined by a doctor, as well as two-thirds of your average weekly wages. Factors that might affect calculations regarding PD benefits include: the date of the workplace accident; your disability rating – which is the level of impairment affecting your ability to work; your age and job title; as well as whether psychiatric harm was caused by your injury. California law prohibits an employer from taking retaliatory action against you for filing a workers' compensation claim or seeking disability benefits that you are entitled to. If your employment has been terminated or any other steps have been taken against you in violation of the law, it is important to seek counsel as soon as possible to protect your rights.

Our Orange County disability lawyers at Serendib Law Firm work tirelessly on behalf of workers injured on the job. We will pursue your workers' compensation claim to ensure you receive the proper amount of disability benefits to cover the entirety of the costs of your injury. Our firm represents employees across Southern California, including Orange, Los Angeles, San Bernardino, and Riverside Counties. If you need legal advice about your workers' compensation or disability benefits, please contact us today online or at 1-800-LAW-8225 (800-529-8825) to speak with an attorney today.